Commentary on Indian Penal Code [live]

CHAPTER I [INTRODUCTION]
Preamble
1. Title and extent of operation of the Code
2. Punishment of offences committed within India
3. Punishment of offences committed beyond, but which by law may be tried within, India
4. Extension of Code to extra-territorial offences
5. Certain laws not to be affected by this Act

53. Punishments
53A. Construction of reference to transportation
54. Commutation of sentence of death
55. Commutation of sentence of imprisonment for life
55A. Definition of “appropriate Government”
56. (Repealed)
57. Fractions of terms of punishment
58. (Repealed)
59. (Repealed)
60. Sentence may be (In certain cases of imprisonment) wholly or partly rigorous or simple
61. (Repealed)
62. (Repealed)
63. Amount of fine
64. Sentence of imprisonment for non-payment of fine
65 Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable
66. Description of imprisonment for non-payment of fine
67. Imprisonment for non-payment of fine, when offence punishable with fine only
68. Imprisonment to terminate on payment of fine
69. Termination of imprisonment on payment of proportional part of fine
70. Fine leviable within six years or during imprisonment. Death not to discharge property from liability
71. Limit of punishment of offence made-up of several offences
72. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which
73. Solitary confinement
74. Limit of solitary confinement
75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction

CHAPTER IV [GENERAL EXCEPTIONS]

76. Act done by a person bound, or by mistake of fact believing himself bound, by law
77. Act of Judge when acting judicially
78. Act done pursuant to the judgment or order of Court
79. Act done by a person justified, or by mistake of fact believing himself justified, by law
80. Accident in doing a lawful act
81. Act likely to cause harm, but done without criminal intent, and to prevent other harm
82. Act of a child under seven years of age
83. Act of a child above seven and under twelve of immature understanding
84. Act of a person of unsound mind
85. Act of a person incapable of judgment by reason of intoxication caused against his will
86. Offence requiring a particular intent or knowledge committed by one who is intoxicated
87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent
88. Act not intended to cause death, done by consent in good faith for person’s benefit
89. Act done in good faith for benefit of child or insane person, by or by consent of guardian
90. Consent known to be given under fear or misconception
Consent of insane person
Consent of child
91. Exclusion of acts which are offences independently of harm caused
92. Act done in good faith for benefit of a person without consent
93. Communication made in good faith
94. Act to which a person is compelled by threats
95. Act causing slight harm
Of the right of private defence
96. Things done in private defence
97. Right of private defence of the body and of property
98. Right of private defence against the act of a person of unsound mind, etc.
99. Acts against which there is no right of private defence
Extent to which the right may be exercised
100. When the right of private defence of the body extends to causing death
101. When such right extends to causing any harm other than death
102. Commencement and continuance of the right of private defence of the body
103. When the right of private defence of property extends to causing death
104. When such right extends to causing any harm other than death
105. Commencement and continuance of the right of private defence of property
106. Right of private defence against deadly assault when there is risk of harm to innocent person

CHAPTER V [OF ABETMENT]

107. Abetment of a thing
108. Abettor
108A. Abetment in India of offences outside India
109. Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment
110. Punishment of abetment if person abetted does act with different intention from that of abettor
111. Liability of abettor when one act abetted and different act done
112. Abettor when liable to cumulative punishment for act abetted and for act done
113. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor
114. Abettor present when offence is committed
115. Abetment of offence punishable with death or imprisonment for life—if offence not committed
if act causing harm be done in consequence
116. Abetment of offence punishable with imprisonment—if offence be not committed
if abettor or person abetted be a public servant whose duty it is to prevent offence
117. Abetting commission of offence by the public or by more than ten persons
118. Concealing design to commit offence punishable with death or imprisonment for life
if offence be committed — if offence be not committed
119. Public servant concealing design to commit offence which it is his duty to prevent
if offence be committed
if offence be punishable with death, etc.
if offence be not committed
120. Concealing design to commit offence punishable with imprisonment
if offence be committed — if offence be not committed

121.Waging or attempting to wage war or abetting waging of war, against the Government of India
121A. Conspiracy to commit offences punishable by section 121
122. Collecting arms, etc., with intention of waging war against the Government of India
123. Concealing with intent to facilitate design to wage war
124. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power124A. Sedition
125. Waging war against any Asiatic Power in alliance with the Government of India
126. Committing depredation on territories of power at peace with the Government of India
127. Receiving property taken by war or depredation mentioned in sections 125 and 126
128. Public servant voluntarily allowing prisoner of State or war to escape
129. Public servant negligently suffering such prisoner to escape
130. Aiding escape of, rescuing or harbouring such prisoner

CHAPTER VII [OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE]

131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty
132. Abetment of mutiny if mutiny is committed in consequence thereof
133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office
134. Abetment of such assault, if the assault is committed
135. Abetment of desertion of soldier, sailor or airman
136. Harbouring deserter
137. Deserter concealed on board merchant vessel through negligence of master
138. Abetment of act of insubordination by solider, sailor or airman
138A. (Repealed)
139. Persons subject to certain Acts
140. Wearing garb or carrying token used by soldier, sailor or airman

CHAPTER VIIIOF OFFENCES AGAINST THE PUBLIC TRANQUILITY

141. Unlawful assembly
142. Being member of unlawful assembly
143. Punishment
144. Joining unlawful assembly armed with deadly weapon
145. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse
146. Rioting
147. Punishment for rioting
148. Rioting, armed with deadly weapon149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
150. Hiring, or conniving at hiring, to persons to join unlawful assembly
151. Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse
152. Assaulting or obstructing public servant when suppressing riot, etc.
153. Wantonly giving provocation with intent to cause riot
If rioting be committed
If not committed
153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony
Offence committed in place of worship, etc.
153AA. Punishment for knowingly carrying arms in any procession or organising, or holding or taking part in any mass drill or mass training with arms
153B. Imputations, assertions prejudicial to national integration
154. Owner or occupier of land on which an unlawful assembly is held
155. Liability of person for whose benefit riot is committed
156. Liability of agent of owner or occupier for whose benefit riot is committed
157. Harbouring persons hired for an unlawful assembly
158. Being hired to take part in an unlawful assembly or riot
or to go armed
159. Affray
160. Punishment for committing affray

CHAPTER IX OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

161. Public servant taking gratification other than legal remuneration in respect of an official act (Omitted)
162. Taking gratification, in order, by corrupt or illegal means, to influence public servant (Omitted)
163. Taking gratification, for exercise of personal influence with public servant (Omitted)
164. Punishment for abetment by public servant of offences defined in section 162 or 163 (Omitted)
165. Public servant obtaining valuable thing, without consideration, from person concerned in proceeding or business transacted by such public servant (Omitted)
165A. Punishment for abetment of offences defined in section 161 or section 165 (Omitted)
166. Public servant, disobeying law, with intent to cause injury to any person
166A. Public servant disobeying direction under law
166B. Punishment for non-treatment of victim
167. Public servant framing an incorrect document with intent to cause injury
168. Public servant unlawfully engaging in trade
169. Public servant unlawfully buying or bidding for property
170. Personating a public servant
171. Wearing garb or carrying token used by public servant with fraudulent intent

172. Absconding to avoid service of summons or other proceeding
173. Preventing service of summons or other proceeding or preventing publication thereof
174. Non-attendance in obedience to an order from public servant
174A. Non-appearance in response to a proclamation under section 82 of Act 2 of 1974
175. Omission to produce document to public servant by person legally bound to produce it
176. Omission to give notice or information to public servant by person legally bound to give it
177. Furnishing false information
178. Refusing oath or affirmation when duly required by public servant to make it
179. Refusing to answer public servant authorized to question
180. Refusing to sign statement
181. False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation
182. False information, with intent to cause public servant to use his lawful power to the injury of another person
183. Resistance to the taking of property by the lawful authority of a public servant
184. Obstructing sale of property offered for sale by authority of public servant
185. Illegal purchase or bid for property offered for sale by authority of public servant
186. Obstructing public servant in discharge of public functions
187. Omission to assist public servant when bound by law to give assistance
188. Disobedience to order duly promulgated by public servant
189. Threat of injury to public servant
190. Threat of injury to induce person to refrain from applying for protection to public servant

CHAPTER XI [OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE]

191. Giving false evidence
192. Fabricating false evidence
193. Punishment for false evidence
194. Giving or fabricating false evidence with intent to procure conviction of capital offence if innocent person be thereby convicted and executed
195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
195A. Threatening any person to give false evidence
196. Using evidence known to be false
197. Issuing or signing false certificate
198. Using as true a certificate known to be false
199. False statement made in declaration which is by law receivable as evidence
200. Using as true such declaration knowing it to be false
201. Causing disappearance of evidence of offence, or giving false information to screen offender if a capital offence if punishable with imprisonment for life if punishable with less than ten years imprisonment
202. Intentional omission to give information of offence by person bound to inform
203. Giving false information respecting an offence committed
204. Destruction of document or electronic record to prevent its production as evidence
205. False personation for purpose of act or proceeding in suit or prosecution
206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
207. Fraudulent claim to property to prevent its seizure as forfeited or in execution
208. Fraudulently suffering decree for sum not due
209. Dishonestly making false claim in court
210. Fraudulently obtaining decree for sum not due
211. False charge of offence made with intent to injure
212. Harbouring offender if a capital offence if punishable with imprisonment for life, or with imprisonment
213. Taking gift, etc., to screen an offender from punishment if a capital offence
if punishable with imprisonment for life, or with imprisonment
214. Offering gift or restoration of property in consideration of screening offender
if a capital offence if punishable with imprisonment for life, or with imprisonment
215. Taking gift to help to recover stolen property, etc.
216. Harbouring offender who has escaped from custody or whose apprehension has been ordered if a capital offence
if punishable with imprisonment for life, or with imprisonment
216A. Penalty for harbouring robbers or dacoits
216B. (Repealed)
217. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
219. Public servant in judicial proceeding corruptly making report, etc., contrary to law
220. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
221. Intentional omission to apprehend on the part of public servant bound to apprehend
222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed
223. Escape from confinement or custody negligently suffered by public servant
224. Resistance or obstruction by a person to his lawful apprehension
225. Resistance or obstruction to lawful apprehension of another person
225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for
225B. Resistance or obstruction to lawful apprehension, or escape or rescue, in cases not otherwise provided for
226. (Repealed)
227. Violation of condition of remission of punishment
228. Intentional insult or interruption to public servant sitting in judicial proceeding
228A. Disclosure of identity of the victim of certain offences, etc.
229. Personation of a juror or assessor
229A. Failure by person released on bail or bond to appear in Court

CHAPTER XII [ OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS]

230. “Coin” defined Indian coin
231. Counterfeiting coin
232. Counterfeiting Indian coin
233. Making or selling instrument for counterfeiting coin
234. Making or selling instrument for counterfeiting Indian coin
235. Possession of instrument or material for the purpose of using the same for counterfeiting coin if Indian coin
236. Abetting in India the counterfeiting out of India of coin
237. Import or export of counterfeit coin
238. Import or export of counterfeits of the Indian coin
239. Delivery of coin, possessed with knowledge that it is counterfeit
240. Delivery of Indian coin, possessed with knowledge that it is counterfeit
241. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit
242. Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof
243. Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof
244. Person employed in mint causing coin to be of different weight or composition from that fixed by law
245. Unlawfully taking coining instrument from mint
246. Fraudulently or dishonestly diminishing weight or altering composition of coin
247. Fraudulently or dishonestly diminishing weight or altering composition of Indian coin
248. Altering appearance of coin with intent that it shall pass as coin of different description
249. Altering appearance of Indian coin with intent that it shall pass as coin of different description
250. Delivery of coin, possessed with knowledge that it is altered
251. Delivery of Indian coin, possessed with knowledge that it is altered
252. Possession of coin by person who knew it to be altered when he became possessed thereof
253. Possession of Indian coin by person who knew it to be altered when he became possessed thereof
254. Delivery of coin as genuine which, when first possessed, the deliverer did not know to be altered
255. Counterfeiting Government stamp
256. Having possession of instrument or material for counterfeiting Government stamp
257. Making or selling instrument for counterfeiting Government stamp
258. Sale of counterfeit Government stamp
259. Having possession of counterfeit Government stamp
260. Using as genuine a Government stamp known to be counterfeit
261. Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government
262. Using Government stamp known to have been before used
263. Erasure of mark denoting that stamp has been used
263A. Prohibition of fictitious stamps

CHAPTER XIII [OF OFFENCES RELATING TO WEIGHTS AND MEASURES]

264. Fraudulent use of false instrument for weighing
265. Fraudulent use of false weight or measure
266. Being in possession of false weight or measure
267. Making or selling false weight or measure

268. Public nuisance
269. Negligent act likely to spread infection of disease dangerous to life
270. Malignant act likely to spread infection of disease dangerous to life
271. Disobedience to quarantine rule
272. Adulteration of food or drink intended for sale
273. Sale of noxious food or drink
274. Adulteration of drugs
275. Sale of adulterated drugs
276. Sale of drug as a different drug or preparation
277. Fouling water of public spring or reservoir
278. Making atmosphere noxious to health
279. Rash driving or riding on a public way
280. Rash navigation of vessel
281. Exhibition of false light, mark or buoy
282. Conveying person by water for hire in unsafe or overloaded vessel
283. Danger or obstruction in public way or line of navigation
284. Negligent conduct with respect to poisonous substance
285. Negligent conduct with respect to fire or combustible matter
286. Negligent conduct with respect to explosive substance
287. Negligent conduct with respect to machinery
288. Negligent conduct with respect to pulling down or repairing buildings
289. Negligent conduct with respect to animal
290. Punishment for public nuisance in cases not otherwise provided for
291. Continuance of nuisance after injunction to discontinue
292. Sale, etc., of obscene books, etc.
293. Sale, etc., of obscene objects to young person
294. Obscene acts and songs
294A. Keeping lottery office

CHAPTER XV [ OF OFFENCES RELATING TO RELIGION]

295. Injuring or defiling place of worship with intent to insult the religion of any class
295A. Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs
296. Disturbing religious assembly
297. Trespassing on burial places, etc.
298. Uttering words, etc., with deliberate intent to wound religious feelings

CHAPTER XVI [OF OFFENCES AFFECTING THE HUMAN BODY]

Of offences affecting life

299. Culpable homicide300. Murder
301. Culpable homicide by causing death of person other than person whose death was intended
302. Punishment for murder
303. Punishment for murder by life-convict
304. Punishment for culpable homicide not amounting to murder
304A. Causing death by negligence304B. Dowry death
305. Abetment of suicide of child or insane person
306. Abetment of suicide307. Attempt to murder
Attempt by life-convicts
308. Attempt to commit culpable homicide
309. Attempt to commit suicide
310. Thug
311. Punishment
312. Causing miscarriage
313. Causing miscarriage without woman’s consent
314. Death caused by act done with intent to cause miscarriage if act done without woman’s consent
315. Act done with intent to prevent child being born alive or to cause it to die after birth
316. Causing death of quick unborn child by act amounting to culpable homicide
317. Exposure and abandonment of child under twelve years by parent or person having care of it
318. Concealment of birth by secret disposal of dead body

339. Wrongful restraint
340. Wrongful confinement
341. Punishment for wrongful restraint
342. Punishment for wrongful confinement
343. Wrongful confinement for three or more days
344. Wrongful confinement for ten or more days
345. Wrongful confinement of person for whose liberation writ has been issued
346. Wrongful confinement in secret
347. Wrongful confinement to extort property, or constrain to illegal act
348. Wrongful confinement to extort confession, or compel restoration of property

Of criminal force and assault

349. Force
350. Criminal force
351. Assault
352. Punishment for assault or criminal force otherwise than on grave provocation
353. Assault or criminal force to deter public servant from discharge of his duty
354. Assault or criminal force to woman with intent to outrage her modesty354A. Sexual harassment and punishment for sexual harassment 354B. Assault or use of criminal force to woman with intent to disrobe 354C. Voyeurism 354D. Stalking
355. Assault or criminal force with intent to dishonour person, otherwise than on grave provocation
356. Assault or criminal force in attempt to commit theft of property carried by a person
357. Assault or criminal force in attempt wrongfully to confine a person
358. Assault or criminal force on grave provocation

Of kidnapping, abduction, slavery and forced labour

359. Kidnapping
360. Kidnapping from India
361. Kidnapping from lawful guardianship362. Abduction
363. Punishment for kidnapping
363A. Kidnapping or maiming a minor for purposes of begging
364. Kidnapping or abducting, in order to murder
364A. Kidnapping for ransom, etc.
365. Kidnapping or abducting with intent secretly and wrongfully to confine person
366. Kidnapping, abducting or inducing woman to compel her marriage, etc.
366A. Procuration of minor girl
366B. Importation of girl from foreign country
367. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.
368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person
369. Kidnapping or abducting child under ten years with intent to steal from its person
370. Trafficking of person
370A. Exploitation of a trafficked person
371. Habitual dealing in slaves
372. Selling minor for purposes of prostitution, etc.
373. Buying minor for purposes of prostitution, etc.
374. Unlawful compulsory labour

Sexual Offences

375. Rape
376. Punishment for rape376A. Punishment for causing death or resulting in persistent vegetative state of victim 376B. Sexual intercourse by husband upon his wife during separation 376C. Sexual intercourse by a person in authority376D. Gang rape376E. Punishment for repeat offenders

Of unnatural offences

377. Unnatural Offences

CHAPTER 17 [ OF OFFENCES AGAINST PROPERTY]

Of theft

378. Theft
379. Punishment for theft
380. Theft in dwelling house, etc.
381. Theft by clerk or servant of property in possession of master
382. Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft

Of extortion

383. Extortion
384. Punishment for extortion
385. Putting person in fear of injury in order to commit extortion
386. Extortion by putting a person in fear of death or grievous hurt
387. Putting person in fear of death or of grievous hurt, in order to commit extortion
388. Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.
389. Putting person in fear or accusation of offence, in order to commit extortion

Of robbery and dacoity

390. Robbery
When theft is robbery
When extortion is robbery
391. Dacoity
392. Punishment for robbery
393. Attempt to commit robbery
394. Voluntarily causing hurt in committing robbery
395. Punishment for dacoity
396. Dacoity with murder
397. Robbery or dacoity, with attempt to cause death or grievous hurt
398. Attempt to commit robbery or dacoity when armed with deadly weapon
399. Making preparation to commit dacoity
400. Punishment for belonging to gang of dacoits
401. Punishment for belonging to gang of thieves
402. Assembling for purpose of committing dacoity
Of criminal misappropriation of property
403. Dishonest misappropriation of property
404. Dishonest misappropriation of property possessed by deceased person at the time of his death Of criminal breach of trust

405. Criminal breach of trust

406. Punishment for criminal breach of trust

407. Criminal breach of trust by carrier, etc.
408. Criminal breach of trust by clerk or servant
409. Criminal breach of trust by public servant, or by banker, merchan